STATEMENTS BY PERSONS WHO CANNOT BE CALLED AS WITNESSES.

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STATEMENTS BY PERSONS WHO CANNOT BE CALLED AS WITNESSES.

Statements, written and verbal, of relevant facts made by a person who is dead, or who cannot be found, or who has become incapable of giving evidence, or whose attendance cannot be procured without an amount of delay or expense which under the circumstances of the case appears to the court unreasonable, are themselves relevant facts in the following cases:–

  1. When the statements is made by a person as to the cause of his death, or as to any of the circumstances of the transaction which resulted in his death, in cases in which the cause of that person’s death comes into question. Such statements are relevant whether the person who made them was or was not at the time when they were made under expectation of death and whatever may be the nature of the proceeding in which the cause of his death comes into question.

  2. When the statement was made by person in the ordinary courser of business, and in particular when it consists of any entry or memorandum made by him in books kept in the ordinary course of business, or in the discharge of professional duty; or of an acknowledgement written or signed by him of the receipt of money, goods, securities or property of any kind; or of a document used in commerce written or signed by him; or of the date of a letter or other document usually dated, written or signed by him.

  3. When the statement is against the pecuniary or proprietary interest of the person making it, or when if true it would expose or would have exposed him to a criminal prosecution or to suit for damages.

  4. When the statement gives the opinion of any such person, as to the existence of any public right or custom or matter of public or general interest of the existence of which if it existed, he would have been likely to be aware, and when such statement was made before any controversy as to such right, custom or matter has arisen.

  5. When the statement relates to the existence of any relationship by blood, marriage or adoption between persons as to whose relationship by blood, marriage or adoption the person making the statement, had special means of knowledge, and when the statement was made before the question in dispute was raised.

  6. When the statement relates to the existence of any relationship by blood, marriage or adoption between persons decreased, and is made in any will r deed relationship to affairs of the family to which any such deceased person belonged or in any family pedigree, or upon any tombstone family portrait or other thing on which such statements are usually made and when such statement was made before the question in dispute was raised.

  7. When the statement in contained in any deed, will or other document which relates to any such transaction as is mentioned in article 26, paragraph.

  8. When the statement was made by a number of persons, and expressed feelings or impressions on their part relevant to the matter in question.

RELEVANCY OF CERTAIN EVIDENCE PROVING IN SUBSEQUENT PROCEEDING THE TRUTH OF FACTS THEREIN STATED.

Evidence given by a witness in a judicial proceeding, or before any person authorised by law to take it, is relevant for the purpose of proving, in a subsequent judicial proceeding, or in a later stage of the same judicial proceeding, the truth of the facts which it states, when the witness is dead or cannot be found or is incapable of giving evidence or is kept out of the way by the adverse party, or if his presence cannot be obtained without an amount of delay or expense which under the circumstances of the case the court considers unreasonable:

provided that;–

the proceeding was between the same parties or their representatives in interest.

The adverse party in the first proceeding had the right and opportunity to cross- examine;

the questions in issue were substantially the same in the first as in the second proceeding.

STATEMENTS MADE UNDER SPECIAL CIRCUMSTANCES.

Entry book of account when relevant.

Entries in book of account, regularly kept in the curse of business, are relevant whenever they refer to a mater into which the court has to enquire, but such statements shall not alone be sufficient evidence to charge any person with liability.

ILLUSTRATION

A sues B for Rs1000 and shows entries in his account books showing B to be indebted to him to this amount. The entries are relevant, but are not sufficient, without other evidence to prove the debt.

RELEVANCY OF STATEMENTS AS TO ANY LAW CONTAINED IN LAW-BOOKS.

When the court has form an opinion as to a law of any country, any statement fo such law contained in a book purporting to be printed or published under the authority of the Government of such country and to contain any such law, and any report of a ruling of the courts of such country contained in a book purporting to be a report of such rulings, is relevant.

HOW MUCH OF A STATEMENT IS TO BE PROVED.

When any statements of which evidence is given forms part of a longer statement, or of a conversation or part of isolated document, or is contained in a document which forms part of a book, or of connected series of letters or papers, evidence shall be given of so much and no more of the statement, conversation, document, book or series of letters or papers as the court considers necessary in that particular case to the full understanding of the nature and effect of the statement, and of the circumstances under which it was made.

JUDGES OF THE COURT OF JUSTICE WHEN RELEVANT.

Previous judgement relevant to bar a second suit or trial.

The existence of any judgment, order or decree which by law prevents any court from taking cognizance of a suit or holding a trial, is a relevant fact when the question is whether such court ought to take cognizance of such suit or to hold such trial.

Relevancy of certain judgments in probate, etc., jurisdiction.

A final judgment order on decree of a competent court in the exercise of probate matrimonial, admiralty or insolvency jurisdiction, which confers upon or takes away from any person any legal character, or which declares any person to be entitled to any such character, or to be entitled to any specific thing, not as against any specified person but absolutely, is relevant when the existence of any such legal character, or the title of any such person to any such thing is relevant,

such judgment order or decree is conclusive proof–

that any legal character which it confers accrued at the time when such judgment, order or decree come into operation: that any legal character, to which it declares any such person to be entitled, accrued to that person at the time when such judgment, order or decree declares it to have accrued to that person;

that any legal character which it takes away from any such person ceased at the time from which such judgment, order or decree declared that it had ceased or should cease;

and that anything to which it declares any person to be so entitled was the property of that person at the time from which such judgment, order or decree declares that it had been or should be his property.

Judgment, other than those mentioned in articles when relevant.

Judgment order and decree other than those mentioned in Articles 54, 55, and 56 are irrelevant unless the existence of such judgment, order or decree is a fact in issue, or is relevant under some other provision of this order.

Fraud of collusion in obtaining judgment, or incompetency of court, may be proved.

Any party to a suit or other proceeding may show that any judgment, order or decree which is relevant under articles 54, 55, or 56 and which has been proved by the adverse party was delivered by a court not competent to deliver it or was obtained by fraud or collusion.

Written by

ADVOCATE. IMRANA HANIF

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